Siebrecht v. New York, Westchester & Boston Railway Co.

Majority

p. 950

Henry A. Siebrecht, Respondent, v. New York, Westchester and Boston Railway Company and The City and County Contract Company, Appellants.

—Judgment affirmed, with costs, upon the authority of Goodenough v. New York, Westchester & Boston R. Co., decided herewith (ante, p. 948). fenks, P. J., Thomas, Carr and Rich, JJ., concurred; Mills, J., dissented upon the sole ground that the construction and operation of a railroad for public use are not within the prohibition of the restrictions.